§ 14-169. Location.

(a)

Sales by transient merchants may be conducted on a paved surface adjacent to an occupied commercial building or store front.

(b)

Sales by transient merchants may be conducted immediately adjacent to a public street so long as such business is set up in one location only at any one time. Such transient merchant shall not repeat the same location more than one time in any seven-day period.

(c)

It is unlawful for any licensee under this article to conduct business:

(1)

In the traveled portions of a public right-of-way or have any exclusive right to any location in a public right-of-way.

(2)

In a temporary stationary location upon any public or private property without permission of the property owner. For the purpose of this section a temporary stationary location shall mean the same location or within 300 feet of the same location for longer than one hour.

(3)

Within 300 feet of a public school ground.

(4)

Within a public park unless the licensee has obtained a permit from the parks and recreation director pursuant to subsection 14-5(b).

(5)

Within 300 feet of a public park unless the licensee has obtained a permit from the parks and recreation director.

(6)

In any congested area where the business might impede or inconvenience the public and, for the purposes of this section, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.

(7)

Without written permission of the property owner for use of the property, which written permission shall be carried when conducting such business.

(Ord. No. 1621, § I, 2-1-05; Ord. No. 2331, § I, 6-23-11)